A lawsuit challenging Texas’ controversial immigration law made its way to a federal court in San Antonio on Monday.

SB4, which Governor Greg Abbott signed into law on May 7, essentially bans “sanctuary cities” in Texas. While the law does not specifically mention the phrase “sanctuary city,” it does punish local governments, officials, and police who adopt, enforce, or endorse a policy that “prohibits or materially limits the enforcement of immigration laws.” The law is slated to go into effect on September 1.

According to the law, those entities and individuals may not prohibit “peace officers” from asking a person who is lawfully detained or under arrest about their immigration status or place of birth. They also may not impede peace officers from cooperating with a federal immigration officer, or permitting a federal immigration officer to enter a jail to conduct enforcement activities. If they fail to comply with immigration laws, local governments can face fines of up to $25,500 per day of non-compliance, officials may be forced to give up their positions, and police chiefs can be charged with misdemeanors.

The plaintiffs in the lawsuit include the City of El Cenizo, Texas; Mayor Raúl L. Reyes of City of El Cenizo; Maverick County Sheriff Tom Schmerber; Maverick County Constable Pct. 3-1 Mario A. Hernandez; and the League of United Latin American Citizens (LULAC). They filed a lawsuit against the defendants–the state of Texas, Abbott, and Texas Attorney General Ken Paxton–one day after the governor signed SB4.

The lawsuit claims that SB4 puts Texas and its local government officials and entities “at the complete mercy of federal officials,” and violates the Tenth Amendment and due process clauses of the Fifth and Fourteenth Amendments of the United States Constitution. The lawsuit asserts that Texas “may choose to voluntarily relinquish its retained sovereignty entirely to the federal government,” but cannot force local governments to do so.

The lawsuit also asserted that SB4 threatens community members’ trust in local government and law enforcement officials.

Plaintiffs are safer when all people, including undocumented immigrants, feel safe when their local law enforcement officers can be trusted for reporting crimes or just speaking with them about issues in the community. Plaintiff’s communities are healthier when all residents including undocumented immigrants, access public health programs,  unafraid to seek health care. And Plaintiffs’ communities are economically and socially stronger when all children, including undocumented immigrants, attend school.

The Department of Justice filed a statement of interest on June 23 supporting Texas in the litigation. According to a press release from the DOJ that same day, United States Attorney General Jeff Sessions explained that the DOJ is participating in the lawsuit to facilitate state and local cooperation with national immigration laws.

“President Trump has made a commitment to keep America safe and to ensure cooperation with federal immigration laws,” Sessions wrote in the press release. “Texas has admirably followed his lead by mandating state-wide cooperation with federal immigration laws that require the removal of illegal aliens who have committed crimes.”

In a CNBC commentary piece about SB4, author Julissa Arce expressed her opposition to the law. “SB4 is essentially a ‘show me your papers’ law that is set to create an environment for racial profiling in a state where 10.4 million Hispanic Americans live,” wrote Arce, who is also the co-founder of Ascend Educational Fund, a nonprofit in New York City that provides scholarships to students regardless of their ethnicity, national origin, or immigration status.

Arce expressed hope that the court will rule in favor of the plaintiffs and protect immigrants regardless of their immigration status.

“I believe the Texas that led the country in giving undocumented students an opportunity at higher education, my home state, is the state that will ultimately prevail,” she wrote.

SB4 opponents spoke out against the law at a protest in San Antonio on Monday.

Undocumented youth have come from all over Texas to stand up for communities of color and against SB4. #HereToStay #SB4isHate pic.twitter.com/ut41Wtn8rz

— Yunuen Alvarado (@ysalvarado5) June 26, 2017

On 2nd anniversary of #MarriageEquality I’m proud to be #undocumented & #queer fighting racist laws like #SB4 in TX! #Pride2017#HereToStay pic.twitter.com/PaMnvq4Fry

— Sheridan (@SirSheri) June 26, 2017

Among the crowd were Austin Mayor Steve Adler, and members of the San Antonio and Austin city councils.

LIVE elected officials address crowd #SB4isHate #HeretoStay https://t.co/DbAoIgxEnJ

— Yunuen Alvarado (@ysalvarado5) June 26, 2017

Austin Councilman @GregCasar speaks to protestors against #SB4 this morning before federal judge hears both sides. “Alright let’s do this.” pic.twitter.com/5rrkRtFXoi

— Nick Wagner (@WagsPhoto) June 26, 2017

SA Archbishop Gustavo Garcia-Sillar gives an impassioned plea and prayer against #SB4 outside federal courthouse. pic.twitter.com/HNMZXVEoVZ

— Joey Palacios (@Joeycules) June 26, 2017

“We will not accept overt racism embedded in #SB4. Not today not ever.” @LUPE_rgv outside of the courthouse to #BlockSB4#SB4isHatepic.twitter.com/iAYPoHMKPI

— ACLU of Texas (@ACLUTx) June 26, 2017

U.S. District Judge Orlando Garcia, who heard the case, declined to make a decision on Monday, according to the Texas Tribune. It is not yet clear when a decision will be handed down.

That same morning, Reverend Jim Rigby, a pastor at St. Andrew’s Presbyterian Church of Austin, was charged with a criminal trespassing misdemeanor after he was arrested on May 1 for protesting SB4 in a state office building. Rigby was among about 20 protesters, including immigrants, students, and Austin City Council Member Greg Casar, who were arrested in May for protesting the law.

On May 8, the day after Abbott signed SB4 into law, Paxton filed a lawsuit to uphold the constitutionality of the law. That case will be heard Thursday. These lawsuits could have a huge impact on undocumented immigrants in Texas and set a precedent for other areas that have designated themselves as “sanctuaries.”

Marcus Dieterle

Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

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Immigration issues were on the docket for Texas lawmakers on Monday, and protesters were present throughout the day. But one lawmaker, Republican state representative Matt Rinaldi, shocked his colleagues when he said that he reported the protesters to Immigration and Customs Enforcement. It was the final day of an intense four-month session debating sanctuary cities, and over 1,000 demonstrators showed up to protest a new state law that makes it illegal for local law enforcement to refuse to comply with immigration laws and detention requests.

Rinaldi told his colleagues that he had reported the protesters to ICE as he believed they were undocumented immigrants. He allegedly said, “We are going to have them deported,” followed by an obscenity. Democrats were shocked by Rinaldi’s comments. “He assumed that because they were brown, in the gallery and protesting that they were here illegally,” said Representative César J. Blanco.

VIDEO: Lawmakers in Texas House scuffle during #SINEDIE on Monday.
BACKGROUND: https://t.co/q77vMguaXh pic.twitter.com/zlAGEaL0pB

— KVUE News (@KVUE) May 29, 2017

Some lawmakers were upset by Rinaldi’s behavior and a scuffle and some finger pointing ensued. Rinaldi claimed that Democratic Representatives Poncho Nevárez and Ramon Romero threatened his life and physically assaulted him. But according to others, Rinaldi was the one making the threats. “There was a threat made from Rinaldi to put a bullet in one of my colleagues’ heads,” said Representative Justin Rodriguez, also a Democrat.

Man, Texas knows how to protest. pic.twitter.com/976zeoxYNL

— john r stanton (@dcbigjohn) May 29, 2017

Now they have a case of “he said, he said”–Nevárez said he never threatened Rinaldi. Rinaldi claimed he saw protesters holding signs saying, “I am illegal and here to stay” and that some of the Democratic lawmakers encouraged them. Blanco said he didn’t see any signs of that nature. ICE didn’t confirm whether or not it sent officials to Austin. But Blanco blamed President Donald Trump’s rhetoric for the conflict, saying that the president promotes hate speech:

The Trump rhetoric is trickling down and allowing current elected officials and candidates to resort to racism and violence making it sound like it was O.K. This has to stop. It is not what our country or what Texas is about.

Members of the Texas House Mexican-American Legislative Caucus said at a press conference on Monday that Rinaldi approached them repeatedly just to tell them he had called ICE. “F*ck them, I called ICE,” were his specific words, according to several members. Rinaldi said the protesters broke the law. But the chairman of the caucus, Rafael Anchía, said he simply saw Texans exercising their First Amendment rights.

The new law banning sanctuary cities, Senate Bill 4, will go into effect in September. Several law enforcement agencies opposed the law, and citizens have continued to protest it even after Governor Greg Abbott signed it.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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President Trump has spent his first week advancing his hardline campaign promises by signing a slew of executive orders. On Wednesday, the president made his way to the Department of Homeland Security (DHS) where he signed two executive orders specifically related to immigration.

The first ordered the construction of his infamous wall along the southern border. The second order demanded federal agents implement more aggressive deportation practices, calls on Immigration and Customs Enforcement (ICE) to hire 10,000 new agents, allows local law enforcement officers to act as immigration officers, and, finally, block federal grants to so-called “sanctuary cities.” In spite of these developments, officials in sanctuary cities and jurisdictions are already standing in defiance.

According to the New York Times, four states, 364 counties, and 39 cities have laws on their books that limit the ability of local law enforcement agencies to cooperate with ICE and/or forbids local authorities from inquiring into one’s immigration status. When local authorities arrest someone, they fingerprint them and share the information with ICE. If ICE finds the detainee is undocumented, they ask local authorities to hold the person for 48 hours longer than they normally would. However, DHS has stated these detainer requests are optional as jailing an individual without a warrant violates the 4th Amendment. It seems the president, or more likely his advisors, are aware that they cannot legally force local jurisdictions to comply but that they can possibly coerce local jurisdictions into cooperation by imposing economic sanctions.

Executive orders are not policies in a typical sense and were traditionally implemented as a means of guiding existing laws rather than fabricating new, broad-sweeping ones. While President Trump’s orders are strong statements of intent, they are decidedly vague. There is no telling how much funding and what kinds of grants President Trump intends to deny to sanctuary jurisdictions. The Supreme Court ruled in South Dakota v. Dole that the federal government can restrict funding to indirectly achieve federal objectives, but those mandates cannot be “unduly coercive.” While this may prevent the Trump administration from halting all funding, defiant jurisdictions risk massive and unexpected cuts.

Concerned officials in Washington, D.C. warned that, depending on what the Trump administration decides is constitutionally “reasonable,” the city’s budget could be slashed considerably. Due to its unique status, the District has perhaps the most to lose. Nevertheless, the president’s coercive anti-immigrant order will gravely affect any and every sanctuary jurisdiction.

The president claims that the damage he intends to inflict on communities across the country is in defense of the country at large. Since the campaign, it is clear that President Trump’s anti-immigrant stand is grounded in a long-standing stereotype that immigrants, particularly undocumented immigrants, bring crime. In his speech at DHS headquarters, President Trump stood in front of a crowd that included the family members of people killed by undocumented immigrants to whom he gestured while claiming his measures would save “thousands and thousands of lives.” Additionally, the preamble of his executive order states that sanctuary jurisdictions “have caused immeasurable harm to the American people and to the very fabric of our Republic.” However, the “harm” caused by sanctuary cities and undocumented immigrants can be, and has been, measured.

Political scientists at the University of California at Riverside and Highline College found that sanctuary jurisdictions saw no statistically significant change in crime following the passage of sanctuary laws. Furthermore, a study by the American Immigration Council found that “immigrants are less likely to commit serious crimes or be behind bars than the native-born, and high rates of immigration are associated with lower rates of violent crime and property crime.” And these facts do not even consider discrimination in the American criminal justice system. A large body of research has shown that Latinos, and people of color in general, are disproportionately arrested and convicted. Moreover, once convicted, people of color face longer sentences than white people found guilty of the same crimes.

President Trump’s attack on sanctuaries has already met resistance, and so it is possible that funding for hundreds of communities will drastically diminish. These sanctions will place a huge strain on communities throughout the country for no good reason at all. President Trump is well aware that these communities provide a safer environment for undocumented people. Perhaps he’s forgotten that they are also home to Americans he promised to “never let down.”

Callum Cleary

Callum is an editorial intern at Law Street. He is from Portland OR by way of the United Kingdom. He is a senior at American University double majoring in International Studies and Philosophy with a focus on social justice in Latin America. Contact Callum at Staff@LawStreetMedia.com.

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On President-elect Donald Trump’s first day as commander in chief, he will “cancel all federal funding to Sanctuary Cities,” according to his “First 100 Days” plan. On Monday, a cohort of Democratic mayors in major cities across the United States stood firm in their cities’ practices, despite Trump’s plan and tough rhetoric on illegal immigration.

“Seattle has always been a welcoming city,” Seattle Mayor Ed Murray said on Monday. “The last thing I want is for us to start turning on our neighbors.” Murray was part of a chorus of mayors, including those from New York City, Chicago, Providence, and San Francisco, of so-called “sanctuary cities.”

There is no legal definition for the phrase “sanctuary city.” It does not mean, as its wording might suggest, that undocumented immigrants who commit crimes enjoy shelter and coverage from U.S. Immigration and Customs Enforcement (ICE) officials, who are in charge of deportation operations.

Jurisdictions with “sanctuary” policies essentially resist cooperation with ICE. For instance, when ICE requests an “immigration detainer,” a notification that state or local law enforcement agency is releasing a “criminal alien,” jurisdictions with “sanctuary” policies often refuse to comply with ICE’s request. The Texas Tribune found that between January 2014 and September 2015, jurisdictions declined 18,646 “immigration detainer” requests from ICE.

A murder in 2015 renewed the debate on “sanctuary cities” and provided evidence to those who argue that cities with such policies are a danger to society. Juan Francisco Lopez-Sanchez, an illegal immigrant living in San Francisco, shot and killed a woman named Kate Steinle. Officials in San Francisco, a city that has had “sanctuary”-like policies for years, were criticized because they had not disclosed Lopez-Sanchez’s release from prison to ICE just a few weeks before he killed Steinle. He had also been deported to Mexico five times before.

Trump recently addressed how his administration will tackle immigration in an interview with 60 Minutes that aired on Sunday: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, where a lot of these people, probably 2 million, it could be even 3 million, we are getting them out of our country or we are going to incarcerate.”

It is unclear where Trump found those statistics, or how he will go about rounding up undocumented immigrants who have committed a crime, or even to what qualifies as a crime worthy of deportation. But as it stands, 300 jurisdictions currently have “sanctuary”-like policies and might continue refusing co-operation with the federal government.

Mayor Rahm Emanuel of Chicago doubled down on his city’s commitment to remaining a “sanctuary city,” regardless of what Trump claims he will do. “To all those who are, after Tuesday’s election, very nervous and filled with anxiety … you are safe in Chicago, you are secure in Chicago and you are supported in Chicago,” Emanuel said at a news conference. “It always will be a sanctuary city.”

The mayors’ calls of reassurance come at a time of great anxiety for many people following Trump’s ascendance to the White House. His inflammatory rhetoric, while short on concrete policies to back up his words, has many people unsure what the future holds.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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“Don’t call me illegal, because I am not, illegal are your laws, and that’s why I’m not leaving.” A group of thirty undocumented youth chanted this rallying cry in the city of McAllen, Texas, while wondering if they had left behind their families and traveled hundreds of miles for just a fleeting glance of America. Jose Antonio Vargas is a reporter who traveled to McAllen to cover this vigil, and for him, it’s personal. He has had much more than a glance of life in America, calling himself the “most privileged” undocumented immigrant in the country. He has written for the New York Times Magazine and TIME Magazine about his experiences, and directed a recent documentary on the immigration issues facing this nation. He has traveled around the country for over three years, with his seemingly American identity and the media recognition he draws keeping him safe from deportation. But now, in McAllen, he may be no different than the undocumented children whose stories he is reporting.

Vargas went to McAllen to cover the vigil for the undocumented children, and to report on shelters set up by citizens of the town. Shortly after his arrival, he began receiving emails from friends asking him how he planned to get out, considering the checkpoints that were set up outside of the town and the airport. Vargas usually flies on his Filipino passport, but these checkpoints require proof of citizenship to pass. Vargas has now been arrested, and like those undocumented children, what will happen to him remains to be seen.

The crisis in McAllen

There are currently waves of undocumented immigrants flooding into Texas, mainly composed of children. McAllen, one of the cities most hard hit, has responded to this crisis in a way that should make Americans proud. Long before the federal government stepped in to help aid the massive influx of immigrants, the people of McAllen answered the call. Local residents began giving out supplies and aid to immigrants at the local bus station, where the children would often be stranded for hours or even days. Makeshift shelters began operating out of the trunks of cars and the basements of churches. The Rio Grande valley, where McAllen is located, has seen a 178 percent increase in the number of migrant workers the past few months. The federal government was not prepared for this and still is not–shelters remain a poorly met necessity in McAllen. But McAllen has answered the call, with volunteers exceeding the number needed on some days.

But the great work the people of McAllen are doing is not without protest. Outside the shelters housing these children are signs declaring that they should be sent home. It is currently legal for the government to send children to live with relatives, family friends, or a foster family until the children face a deportation hearing, which can sometimes take years. At these hearings the judges will have the authority to allow the children to stay or send them home. But many are saying that Obama has the authority to send these children home and should do so. This crisis has quickly become a frantic flashpoint in American politics, with politicians, pundits, and the media all chiming in.

One politician arguing for deportation is Texas Governor Rick Perry. He says, “allowing them to remain here will only encourage the next group of individuals to undertake this dangerous and life-threatening journey here.” Others have said the children should be allowed to stay, especially considering the dangers they face back home. In a surprise move, conservative pundit Glenn Beck has been a huge advocate for allowing the children to stay. In perhaps the one of the wisest statements Beck has ever made, he said, “I’ve never taken a position more deadly to my career than this — and I have never, ever taken a position that is more right than this.”

A change does need to be made because the current system is far to slow to deal with the influx of child immigrants, but that does not mean the solution is to send them back. These children have left places that are ravished by poverty and gang violence. Sending them back could be akin to authoring their death sentences. It’s clear that the people of McAllen have put politics aside to help these children. It would be nice if politicians would do the same.

Jose Vargas: the “most privileged” undocumented immigrant 

So back to Jose Vargas, the celebrity journalist whose story is now inextricably linked with the children who have arrived at our borders. Jose Vargas is now being detained in the McAllen Border Control Headquarters. He was arrested trying to fly out of a local airport. Vargas, almost better than anyone, knew the risk he was taking, as the Border Control was publicly checking IDs at the airport. He tweeted the incident as seen below:

About to go thru security at McAllen Airport. I don’t know what’s going to happen. For updates follow @DefineAmerican & @MAC_UTPA

— Jose Antonio Vargas (@joseiswriting) July 15, 2014

The only IDs I have for security: Philippine passport and my pocketbook US Constitution @DefineAmerican & @MAC_UTPA pic.twitter.com/IFH0Vb4oX7

— Jose Antonio Vargas (@joseiswriting) July 15, 2014

Here's a photo of @joseiswriting in handcuffs, because the Border Patrol has nothing more pressing to do apparently pic.twitter.com/dN8KewqeZr

— Ryan Grim (@ryangrim) July 15, 2014

Considering what Vargas knew, combined with the way he tweeted before going through security, it seems as if he expected to get arrested. It seems that he is trying to prove a point, or perhaps is just trying to draw attention to the situation. If that is the case, he has succeeded–social media and news networks have been all over his arrest. And if he were to be deported, that would be a even bigger story and rallying cry for his supporters.

If this was done on purpose, Vargas has positioned himself to have a huge political impact on the current humanitarian crisis. He may be able to be the voice that these children don’t have. He is showing the world that undocumented immigrants don’t all look the same. It’s an issue that affects all of us. Hopefully his actions have a real world impact–because something needs to be done in Texas.

Update: Jose Antonio Vargas has been released by the Texas Border Control, with an order to appear in front of an immigration judge. There has been no notable progress on the statuses of the thousands of children in McAllen.

—

Matt DeWilde (@matt_dewilde25) is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

Featured image courtesy of [Otzberg via Flickr]

Matt DeWilde

Matt DeWilde is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

The post Stuck in McAllen: Jose Vargas and the Texas Immigration Crisis appeared first on Law Street.